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Maternity leave

Asked May 1, 2012, 09:21 AM — 4 Answers
This is a very small company with 9 employees and the company does not have a written policy for sick time, vacation time or maternity leave. Are they required to give sick time, vacation time and if so can they use this time for maternity leave. Currently they give the standard 1 week vacation after 1 year of service and 2 weeks after 2 years but no sick time and this is not in writing.
Thanks for your time.

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ScottGem's Avatar
ScottGem Posts: 58,086, Reputation: 28135
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#2

May 1, 2012, 09:37 AM


A company is not required to give paid time off at all. And with only 9 employees they are not subject to FMLA either.

So unless the company has a written policy, no they don't have to provide it.
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tx78109's Avatar
tx78109 Posts: 2, Reputation: 1
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#3

May 1, 2012, 10:12 AM
Thank you
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ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
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#4

May 1, 2012, 10:43 AM
Where are you located. Is there any past practice for you to refer to see how its ben previously handled?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#5

May 1, 2012, 11:19 AM


In the US they should be allowed to have unpaid time off, but not paid, they are often allowed to use their vaction time and sick days they have if they desire.

The person needs to go talk to HR ( or the owner most likely) and see what will be allowed.
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